By George Mousourakis
This publication equips either legal professional and historian with an entire historical past of Roman legislations, from its beginnings c.1000 BC via to its re-discovery in Europe the place it used to be commonly utilized till the eighteenth century.
Combining a legislations specialist’s proficient viewpoint of felony background with a socio-political and cultural concentration, it examines the resources of legislation, the ways that those legislation have been utilized and enforced, and the methods the legislations used to be inspired and stepped forward, with an exploration of civil and felony approaches and specified recognition paid to felony technology. the ultimate bankruptcy covers the heritage of Roman legislation in overdue antiquity and appraises the movement in the direction of the codification of legislations that culminated within the ultimate assertion of Roman legislation: the Corpus Iuris Civilis of Emperor Justinian. during the ebook, George Mousourakis highlights the connection among Roman legislations and Roman lifestyles by way of following the traces of the most important old developments.
Including bibliographic references and arranged accessibly by means of historic period, this ebook is a wonderful advent to the historical past of Roman legislations for college kids of either legislations and old historical past.
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Extra info for A Legal History of Rome
On both patricians and plebeians alike as these classes were represented in the assemblies. The resolutions issued by the assembly of the plebeians were referred to as plebiscita and were initially only binding on the plebeians. 28 Thereafter, the concilium plebis, convened under the presidency of a tribunus plebis, was the most active legislative body. The great majority of the leges that we can observe in records were, strictly speaking, plebiscita. According to Roman tradition, the laws passed by the comitia centuriata and, presumably, the comitia tributa could not come into force until the senate issued approval (auctoritas patrum).
Originally, the term ius (plural, iura) denoted that which is due in human relations – the rightful power of a community member to act in a certain manner vis-à-vis his fellow citizens. It referred to a course of conduct that the community would take for granted and, in that sense, endorse. Thus, a person who appropriated an object, entered upon land, ejected or imprisoned another individual may in so doing be exercising ius. The community had a general 19 T H E M O N A R C H Y A N D E A R LY R E P U B L I C awareness of the circumstances when such acts would be construed as iura and these were established by custom.
This prompted the development of a flexible form of procedure, known as formulary (per formulam) procedure, which predominated during the late Republic and the Principate. After the formulary procedure acquired legislative recognition by the lex Aebutia (second century BC), a plaintiff could choose whether to use the new or the old legis actio procedure. Although most claimants selected the formulary procedure because of its advantages, the two types of procedure were used conjunctively until the end of the first century BC when the legis actiones were formally abolished by the leges Iuliae iudiciorum publicorum et privatorum of Augustus (c.
A Legal History of Rome by George Mousourakis